CHAPTER 2. CANCER REGISTRY
IC 16-38-2
Chapter 2. Cancer Registry
IC 16-38-2-1
Cancer registry; establishment
Sec. 1. (a) The state department shall establish a cancer registryfor the purpose of:
(1) recording:
(A) all cases of malignant disease; and
(B) other tumors and precancerous diseases required to bereported by:
(i) federal law or federal regulation; or
(ii) the National Program of Cancer Registries;
that are diagnosed or treated in Indiana; and
(2) compiling necessary and appropriate information concerningthose cases, as determined by the state department;
in order to conduct epidemiologic surveys of cancer and to applyappropriate preventive and control measures.
(b) The department may contract for the collection and analysisof, and the research related to, the epidemiologic data compiledunder this chapter.
As added by P.L.2-1993, SEC.21. Amended by P.L.93-2001, SEC.1;P.L.17-2004, SEC.2.
IC 16-38-2-2
Development of registry from existing data
Sec. 2. The state department shall, to the greatest extent possible,utilize information compiled by public or private cancer registries inthe development of a statewide cancer registry under this chapter.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-3
Reports
Sec. 3. (a) The following persons shall report to the cancerregistry each confirmed case of cancer and other tumors andprecancerous diseases required to be recorded under section 1 of thischapter:
(1) Physicians.
(2) Dentists.
(3) Hospitals.
(4) Medical laboratories.
(5) Ambulatory outpatient surgical centers.
(6) Health facilities.
(b) A person required to report information to the state cancerregistry under this section may utilize, when available:
(1) information submitted to any other public or private cancerregistry; or
(2) information required to be filed with federal, state, or localagencies;
when completing reports required by this chapter. However, the state
department may require additional, definitive information.
As added by P.L.2-1993, SEC.21. Amended by P.L.17-2004, SEC.3.
IC 16-38-2-4
Confidentiality
Sec. 4. Except as provided in sections 5, 6, and 7 of this chapter,information obtained under this chapter by the state departmentconcerning individual cancer patients is for the confidential use ofthe state department only.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-5
Access to confidential information for research purposes
Sec. 5. The state department shall grant any person involved in alegitimate research activity access to confidential informationconcerning individual cancer patients obtained by the statedepartment under this chapter if all of the following conditions aremet:
(1) The person conducting the research provides writteninformation about the following:
(A) The purpose of the research project.
(B) The nature of the data to be collected and how theresearcher intends to analyze the data.
(C) The records the researcher desires to review.
(D) The safeguards the researcher will take to protect theidentity of the patients whose records the researcher will bereviewing.
(2) The proposed safeguards are adequate to protect the identityof each patient whose records will be reviewed.
(3) An agreement is executed between the state department andthe researcher that meets all of the following conditions:
(A) Specifies the terms of the researcher's use of the records.
(B) Prohibits the publication or release of the names ofindividual cancer patients or any facts tending to lead to theidentification of individual cancer patients.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-6
Additional information requests; individual patients; consent
Sec. 6. Researchers may, with the approval of the statedepartment, use the names of individual cancer patients whenrequesting additional information for research purposes or solicitingan individual patient's participation in a research project. However,if a researcher requests additional information for an individualcancer patient's participation in a research project, the researchermust first obtain the oral or written consent of the patient's attendingphysician. If the consent of the patient's attending physician isobtained, the researcher must then obtain the individual cancerpatient's written consent by having the patient complete a release ofconfidential medical information form.As added by P.L.2-1993, SEC.21.
IC 16-38-2-7
Release of confidential information
Sec. 7. The state department may release confidential informationconcerning individual cancer patients to the following:
(1) The cancer registry of another state if the followingconditions are met:
(A) The other state has entered into a reciprocal agreementwith the state department.
(B) The agreement provides that information that identifiesa patient will not be released to any other person without thewritten consent of the patient.
(2) Physicians and local health officers for diagnostic andtreatment purposes if the following conditions are met:
(A) The patient's attending physician gives oral or writtenconsent to the release of the information.
(B) The patient gives written consent by completing arelease of confidential medical information form.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-8
Immunity from liability
Sec. 8. A person who reports information to the cancer registrysystem under this chapter is immune from any civil or criminalliability that might otherwise be imposed because of the release ofwhat is otherwise confidential information.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-9
Epidemiological information; release
Sec. 9. This chapter does not prevent the release to any interestedperson of epidemiological information that does not identifyindividual cancer patients.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-10
Administrative rules
Sec. 10. The state department shall adopt rules under IC 4-22-2necessary to carry out this chapter.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-11
Annual report
Sec. 11. Not later than December 31 of each year, the departmentshall publish and make available to the public an annual reportsummarizing the information collected under this chapter during theprevious calendar year.
As added by P.L.93-2001, SEC.2. Amended by P.L.17-2004, SEC.4.